Teolis v. Moscatelli

After a dispute over a fence, Teolis (plaintiff) challenged Moscatelli (defendant) to a fight, which Moscatelli accepted; the two, along with Neri (defendant), went into the road, where Neri restrained Teolis while Moscatelli stabbed him with a knife. Teolis sued Moscatelli and Neri for battery, and the defendants argued Teolis's consent to the fight barred his recovery. The trial court found for Teolis, awarding $750 in damages, denied the defendants' motion for a new trial, and the defendants appealed.